Deal v. McArthur

Judgment, so far as appealed from, reversed, with costs, and the following words stricken from the judgment of the County Court: “ but without costs to either party as against the other.” Held, that the reversal by the County Court was not for an error of fact, within the meaning of subdivision 2 of section 3066 of the Code of Civil Procedure, and the appellant was entitled to costs in the County Court as a matter of right. All concurred.